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48 So. 3d 926

Wright v. State

District Court of Appeal of Florida

Decided November 22, 2010

District Court of Appeal of Florida · decided 2010-11-22

Cited by 1 later decisions — most recently September 2011

1 state decisions

Relies on 786 So. 2d 1173 - Carter v. State · 681 So. 2d 1136 - King v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2010-11-22

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PER CURIAM.

¶1 The appellant appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of grounds one through six. However, we reverse and remand the denial of ground seven and direct the trial court to strike that portion of the appellant’s sentence imposing a $5,000 fine. See King v. State, 681 So.2d 1136 (Fla.1996) (holding that a trial court may not impose a fine under section 775.083 when imposing a habitual felony offender sentence under section 775.084), receded from on other grounds in Carter v. State, 786 So.2d 1173 (Fla.2001).

¶2 AFFIRMED in part, REVERSED AND REMANDED in part.

PADOVANO, ROBERTS, and MARSTILLER, JJ., concur.
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